THE DISASTER MANAGEMENT ACT, 2005 

____________ 

ARRAGEMENT OF SECTIONS 

____________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

THE NATIONAL DISASTER MANAGEMENT AUTHORITY 

3.  Establishment of National Disaster Management Authority. 
4.  Meetings of National Authority. 
5.  Appointment of officers and other employees of the National Authority. 
6.  Powers and functions of National Authority. 
7.  Constitution of advisory committee by National Authority. 
8.  Constitution of National Executive Committee. 
9.  Constitution of sub-committees. 
10.  Powers and functions of National Executive Committee. 
11.  National plan. 
12.  Guidelines for minimum standards of relief. 
13.  Relief in loan repayment, etc. 

CHAPTER III 

STATE DISASTER MANAGEMENT AUTHORITY 

14.  Establishment of State Disaster Management Authority. 
15.  Meetings of the State Authority. 
16.  Appointment of officers and other employees of State Authority. 
17.  Constitution of advisory committee by the State Authority. 
18.  Powers and functions of State Authority. 
19.  Guidelines for minimum standard of relief by State Authority. 
20.  Constitution of State Executive Committee. 
21.  Constitution of sub-committees by State Executive Committee. 
22.  Functions of the State Executive Committee. 
23.  State Plan. 
24.  Powers and functions of State Executive Committee in the event of threatening disaster situation. 

CHAPTER IV 
DISTRICT DISASTER MANAGEMENT AUTHORITY 

25.  Constitution of District Disaster Management Authority. 
26.  Powers of Chairperson of District Authority. 

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SECTIONS 

27.  Meetings. 
28.  Constitution of advisory committees and other committees. 
29.  Appointment of officers and other employees of District Authority. 
30.  Powers and functions of District Authority. 
31.  District Plan. 
32.  Plans by different authorities at district level and their implementation. 
33.  Requisition by the District Authority. 
34.  Powers  and  functions  of  District  Authority  in  the  event  of  any  threatening  disaster  situation  or 

disaster. 

CHAPTER V 

MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT 

35.  Central Government to take measures. 
36.  Responsibilities of Ministries or Departments of Government of India. 
37.  Disaster management plans of Ministries or Departments of Government of India. 
38.  State Government to take measures. 
39.  Responsibilities of departments of the State Government. 
40.  Disaster management plan of departments of State. 

41.  Functions of the local authority. 

CHAPTER VI 

LOCAL AUTHORITIES 

CHAPTER VII 

NATIONAL INSTITUTEOF DISASTER MANAGEMENT 

42.  National Institute of Disaster Management. 
43.  Officers and other employees of the National Institute. 

CHAPTER VIII 

NATIONAL DISASTER RESPONSE FORCE 

44.  National Disaster Response Force. 
45.  Control, direction, etc. 

CHAPTER IX 

FINANCE, ACCOUNTS AND AUDIT 

46.  National Disaster Response Fund. 
47.  National Disaster Mitigation Fund. 
48.  Establishment of funds by State Government. 
49.  Allocation of funds by Ministries and Departments. 
50.  Emergency procurement and accounting. 

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CHAPTER X 

OFFENCES AND PENALTIES 

SECTIONS 

51.  Punishment for obstruction, etc. 
52.  Punishment for false claim. 
53.  Punishment for misappropriation of money or materials, etc. 
54.  Punishment for false warning. 
55.  Offences by Departments of the Government. 
56.  Failure of officer in duty or his connivance at the contravention of the provisions of this Act. 
57.  Penalty for contravention of any order regarding requisitioning. 
58.  Offence by companies. 
59.  Previous sanction for prosecution. 
60.  Cognizance of offences. 

CHAPTER XI 

MISCELLANEOUS 

61.  Prohibition against discrimination. 
62.  Power to issue direction by Central Government. 
63.  Powers to be made available for rescue operations. 
64.  Making or amending rules, etc., in certain circumstances. 
65.  Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc. 
66.  Payment of compensation. 
67.  Direction to media for communication of warnings, etc. 
68.  Authentication of orders of decisions. 
69.  Delegation of powers. 
70.  Annual report. 
71.  Bar of jurisdiction of court. 
72.  Act to have overriding effect. 
73.  Action taken in good faith. 
74.  Immunity from legal process. 
75.  Power of Central Government to make rules. 
76.  Power to make regulations. 
77.  Rules and regulations to be laid before Parliament. 
78.  Power of State Government to make rules. 
79.  Power to remove difficulties. 

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THE DISASTER MANAGEMENT ACT, 2005 

ACT NO. 53 OF 2005 

An Act to provide for the effective management of disasters and for matters connected therewith 

or incidental thereto.  

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— 

[23rd December, 2005.]  

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the  Disaster Management 

Act, 2005. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette appoint; and different dates* may be appointed for different provisions of this Act and 
for different States, and any reference to commencement in any provision of this Act in relation to any 
State shall be construed as a reference to the commencement of that provision in that State.  

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “affected area” means an area or part of the country affected by a disaster;  

(b) “capacity-building” includes— 

(i) identification of existing resources and resources to be acquired or created;  

(ii) acquiring or creating resources identified under sub-clause (i);  

(iii)  organisation  and  training  of  personnel  and  coordination  of  such  training  for  effective 

management of disasters;  

(c) “Central Government” means the Ministry or Department of the Government of India having 

administrative control of disaster management;  

(d) “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from 
natural or man made causes, or by accident or negligence which results in substantial loss of life or 
human  suffering  or  damage  to,  and  destruction  of,  property,  or  damage  to,  or  degradation  of, 
environment,  and  is  of  such  a  nature  or  magnitude  as  to  be  beyond  the  coping  capacity  of  the 
community of the affected area; 

(e)  “disaster  management”  means  a  continuous  and  integrated  process  of  planning,  organising, 

coordinating and implementing measures which are necessary or expedient for— 

(i) prevention of danger or threat of any disaster;  

(ii) mitigation or reduction of risk of any disaster or its severity or consequences;  

(iii) capacity-building;  

(iv) preparedness to deal with any disaster;  

(v) prompt response to any threatening disaster situation or disaster;  

(vi) assessing the severity or magnitude of effects of any disaster;  

1. 28th July, 2006 (ss. 2, 3, 4, 5, 6, 8, 10, 75, 77, 79), vide notification No. S.O. 1216(E), dated 28th July, 2006; 
*1st August, 2007 [ss. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,  38,  39, 40, 41,  48,  
51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, sub-sec. (2) of s. 70, 71, 72,  73, 74, 78, 79], vide 
notification No. S.O. 722(E), dated 7th May, 2007;  
*17th March, 2008 (ss. 44, 45), vide notification No. 517(E), dated 17th March, 2008; 
*18th  October,  2011  (s.  46),  vide  notification  No.  S.O.  2397(E),  dated  18th  October,  2011,  see  Gazette  of  India, 
Extraordinary, Part II, sec. 3(ii). 
*5th February, 2021, sub-sec. (1) of s. 47, vide notification No. S.O. 564(E), dated 5th February, 2021, see Gazette of India, 
Extraordinary, Part II, sec. 3(ii). 

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(vii) evacuation, rescue and relief;  

(viii) rehabilitation and reconstruction;  

(f) “District Authority” means the District Disaster Management Authority constituted under sub-

section (1) of section 25;  

(g) “District Plan” means the plan for disaster management for the district prepared under section 

31;  

(h)  “local  authority”  includes  panchayati  raj  institutions,  municipalities,  a  district  board, 
cantonment  board,  town  planning  authority  or  Zila  Parishad  or  any  other  body  or  authority,  by 
whatever name called, for the time being invested by law, for rendering essential services or, with the 
control and management of civic services, within a specified local area;  

(i)  “mitigation”  means  measures  aimed  at  reducing  the  risk,  impact  or  effects  of  a  disaster  or 

threatening disaster situation;  

(j)  “National  Authority”  means  the  National  Disaster  Management  Authority  established  under 

sub-section (1) of section 3;  

(k) “National Executive Committee” means the Executive Committee of the National Authority 

constituted under sub-section (1) of section 8;  

(l) “National Plan” means the plan for disaster management for the whole of the country prepared 

under section 11;  

(m)  “preparedness”  means  the  state  of  readiness  to  deal  with  a  threatening  disaster  situation  or 

disaster and the effects thereof;  

(n) “prescribed” means prescribed by rules made under this Act;  

(o) “reconstruction” means construction or restoration of any property after a disaster;  

(p) “resources” includes manpower, services, materials and provisions;  

(q)  “State  Authority”  means  the  State  Disaster  Management  Authority  established  under  sub-
section  (1)  of  section  14  and  includes  the  Disaster  Management  Authority  for  the  Union  territory 
constituted under that section;  

(r) “State Executive Committee” means the Executive Committee of a State Authority constituted 

under sub-section (1) of section 20;  

(s) “State Government” means the Department of Government of the State having administrative 
control  of  disaster  management  and  includes  Administrator  of the  Union  territory  appointed  by  the 
President under article 239 of the Constitution;  

(t) “State Plan” means the plan for disaster management for the whole of the State prepared under 

section 23.  

CHAPTER II 

THE NATIONAL DISASTER MANAGEMENT AUTHORITY 

3. Establishment of National Disaster Management Authority.—(1) With effect from such date as 
the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be 
established for the purposes of this Act, an authority to be known as the National Disaster Management 
Authority.  

(2) The National Authority shall consist of the Chairperson and such number of other members, not 
exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide, 
the National Authority shall consist of the following:— 

(a)  the  Prime  Minister  of  India,  who  shall  be  the  Chairperson  of  the  National  Authority,                       

ex officio;  

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(b)  other  members,  not  exceeding  nine,  to  be  nominated  by  the  Chairperson  of  the  National 

Authority.  

(3) The Chairperson of the National Authority may designate one of the members nominated under 

clause (b) of sub-section (2) to be the Vice-Chairperson of the National Authority.  

(4) The term of office and conditions of service of members of the National Authority shall be such as 

may be prescribed.  

4. Meetings of National Authority.—(1) The National Authority shall meet as and when necessary 

and at such time and place as the Chairperson of the National Authority may think fit.  

(2)  The  Chairperson  of  the  National  Authority  shall  preside  over  the  meetings  of  the  National 

Authority.  

(3) If for any reason the Chairperson of the National Authority is unable to attend any meeting of the 

National Authority, the Vice-Chairperson of the National Authority shall preside over the meeting.  

5.  Appointment  of  officers  and  other  employees  of  the  National  Authority.—The  Central 
Government  shall  provide  the  National  Authority  with  such  officers,  consultants  and  employees,  as  it 
considers necessary for carrying out the functions of the National Authority.  

6.  Powers  and  functions  of  National  Authority.—(1)  Subject  to  the  provisions  of  this  Act,  the 
National  Authority  shall  have  the  responsibility  for  laying  down  the  policies,  plans  and  guidelines  for 
disaster management for ensuring timely and effective response to disaster.  

(2)  Without  prejudice  to  generality  of  the  provisions  contained  in  sub-section  (1),  the  National 

Authority may — 

(a) lay down policies on disaster management;  

(b) approve the National Plan;  

(c)  approve  plans  prepared  by  the  Ministries  or  Departments  of  the  Government  of  India  in 

accordance with the National Plan;  

(d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan;  

(e)  lay  down  guidelines  to  be  followed  by  the  different  Ministries  or  Departments  of  the 
Government  of  India  for  the  purpose  of  integrating  the  measures  for  prevention  of  disaster  or  the 
mitigation of its effects in their development plans and projects;  

(f)  coordinate  the  enforcement  and  implementation  of  the  policy  and  plan  for  disaster 

management;  

(g) recommend provision of funds for the purpose of mitigation;  

(h) provide such support to other countries affected by major disasters as may be determined by 

the Central Government;  

(i) take such other measures for the prevention of disaster, or the mitigation, or preparedness and 
capacity  building  for  dealing  with  the  threatening  disaster  situation  or  disaster  as  it  may  consider 
necessary;  

(j) lay down broad policies and guidelines for the functioning of the National Institute of Disaster 

Management.  

(3) The Chairperson of the National Authority shall, in the case of emergency, have power to exercise 
all or any of the powers of the National Authority but exercise of such powers shall be subject to ex post 
facto ratification by the National Authority.  

7. Constitution of advisory committee by National Authority.—(1) The National Authority may 
constitute  an  advisory  committee  consisting  of  experts  in  the  field  of  disaster  management  and  having 
practical  experience  of  disaster  management  at  the  national,  State  or  district  level  to  make 
recommendations on different aspects of disaster management.  

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(2) The members of the advisory committee shall be paid such allowances as may be prescribed by 

the Central Government in consultation with the National Authority.  

8.  Constitution  of  National  Executive  Committee.—(1)  The  Central  Government  shall, 
immediately after issue of notification under sub-section (1) of section 3, constitute a National Executive 
Committee to assist the National Authority in the performance of its functions under this Act.  

(2) The National Executive Committee shall consist of the following members, namely:— 

(a)  the  Secretary  to  the  Government  of  India  in  charge  of  the  Ministry  or  Department  of  the 
Central  Government  having  administrative  control  of  the  disaster  management,  who  shall  be 
Chairperson, ex officio;  

(b)  the  Secretaries  to  the  Government  of  India  in  the  Ministries  or  Departments  having 
administrative control of the agriculture, atomic energy, defence, drinking water supply, environment 
and forests, finance (expenditure), health, power, rural development, science and technology, space, 
telecommunication, urban development, water resources and the Chief of the Integrated Defence Staff 
of the Chiefs of Staff Committee, ex officio.  

(3) The Chairperson of the National Executive Committee may invite any other officer of the Central 
Government or a State Government for taking part in any meeting of the National Executive Committee 
and  shall  exercise  such  powers  and  perform  such  functions  as  may  be  prescribed  by  the  Central 
Government in consultation with the National Authority.  

(4) The procedure to be followed by the National Executive Committee in exercise of its powers and 

discharge of its functions shall be such as may be prescribed by the Central Government. 

9.  Constitution  of  sub-committees.—(1)  The  National  Executive  Committee  may,  as  and  when  it 

considers necessary, constitute one or more sub-committees, for the efficient discharge of its functions.  

(2) The National Executive Committee shall, from amongst its members, appoint the Chairperson of 

the sub-committee referred to in sub-section (1).  

(3) Any person associated as an expert with any sub-committee may be paid such allowances as may 

be prescribed by the Central Government.  

10.  Powers  and  functions  of  National  Executive  Committee.—(1)  The  National  Executive 
Committee shall assist the National Authority in the discharge of its functions and have the responsibility 
for implementing the policies and plans of the National Authority and ensure the compliance of directions 
issued by the Central Government for the purpose of disaster management in the country.  

(2)  Without  prejudice  to  the  generality  of  the  provisions  contained  in  sub-section  (1),  the  National 

Executive Committee may— 

(a) act as the coordinating and monitoring body for disaster management;  

(b) prepare the National Plan to be approved by the National Authority;  

(c) coordinate and monitor the implementation of the National Policy;  

(d)  lay  down  guidelines  for  preparing  disaster  management  plans  by  different  Ministries  or 

Departments of the Government of India and the State Authorities;  

(e) provide necessary technical assistance to the State Governments and the State Authorities for 
preparing  their  disaster  management  plans  in  accordance  with  the  guidelines  laid  down  by  the 
National Authority;  

(f) monitor the implementation of the National Plan and the plans prepared by the Ministries or 

Departments of the Government of India;  

(g)  monitor  the  implementation  of  the  guidelines  laid  down  by  the  National  Authority  for 
integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in 
their development plans and projects;  

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(h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to 

be taken by different Ministries or Departments and agencies of the Government;  

(i)  evaluate  the  preparedness  at  all  governmental  levels  for  the  purpose  of  responding  to  any 
threatening  disaster  situation  or  disaster  and  give  directions,  where  necessary,  for  enhancing  such 
preparedness; 

(j)  plan  and  coordinate  specialised  training  programme  for  disaster  management  for  different 

levels of officers, employees and voluntary rescue workers;  

(k) coordinate response in the event of any threatening disaster situation or disaster;  

(l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the 
Government of India, the State Governments and the State Authorities regarding measures to be taken 
by them in response to any threatening disaster situation or disaster;  

(m)  require  any  department  or  agency  of  the  Government  to  make  available  to  the  National 
Authority or State Authorities such men or material resources as are available with it for the purposes 
of emergency response, rescue and relief;  

(n) advise, assist and coordinate the activities of the Ministries or Departments of the Government 
of  India,  State  Authorities,  statutory  bodies,  other  governmental  or  non-governmental  organisations 
and others engaged in disaster management;  

(o)  provide  necessary  technical  assistance  or  give  advice  to  the  State  Authorities  and  District 

Authorities for carrying out their functions under this Act;  

(p) promote general education and awareness in relation to disaster management; and  

(q) perform such other functions as the National Authority may require it to perform.  

11. National Plan.—(1) There shall be drawn up a plan for disaster management for the whole of the 

country to be called the National Plan.  

(2) The National Plan shall be prepared by the National Executive Committee having regard to the 
National Policy and in consultation with the State Governments and expert bodies or organisations in the 
field of disaster management to be approved by the National Authority.  

(3) The National Plan shall include— 

(a) measures to be taken for the prevention of disasters, or the mitigation of their effects;  

(b) measures to be taken for the integration of mitigation measures in the development plans;  

(c)  measures  to  be  taken  for  preparedness  and  capacity  building  to  effectively  respond  to  any 

threatening disaster situations or disaster;  

(d) roles and responsibilities of different Ministries or Departments of the Government of India in 

respect of measures specified in clauses (a), (b) and (c). 

(4) The National Plan shall be reviewed and updated annually.  

(5) Appropriate provisions shall be made by the Central Government for financing the measures to be 

carried out under the National Plan.  

(6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be made available to the 
Ministries or Departments of the Government of India and such Ministries or Departments shall draw up 
their own plans in accordance with the National Plan.  

12.  Guidelines  for  minimum  standards  of  relief.—The  National  Authority  shall  recommend 
guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall 
include,— 

(i)  the  minimum  requirements  to  be  provided  in  the  relief  camps  in  relation  to  shelter,  food, 

drinking water, medical cover and sanitation;  

(ii) the special provisions to be made for widows and orphans;  

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(iii)  ex  gratia  assistance  on  account  of  loss  of  life  as  also  assistance  on  account  of  damage  to 

houses and for restoration of means of livelihood;  

(iv) such other relief as may be necessary.  

13.  Relief  in  loan  repayment,  etc.—The  National  Authority  may,  in  cases  of  disasters  of  severe 
magnitude, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by 
disaster on such concessional terms as may be appropriate.  

CHAPTER III 

STATE DISASTER MANAGEMENT AUTHORITIES 

14. Establishment of State Disaster Management Authority.—(1) Every State Government shall, 
as soon as may be after the issue of the notification under sub-section (1) of section 3, by notification in 
the  Official  Gazette,  establish  a  State  Disaster  Management  Authority  for  the  State  with  such  name  as 
may be specified in the notification of the State Government.  

(2)  A  State  Authority  shall  consist  of  the  Chairperson  and  such  number  of  other  members,  not 
exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, 
the State Authority shall consist of the following members, namely:— 

(a) the Chief Minister of the State, who shall be Chairperson, ex officio;  

(b)  other  members,  not  exceeding  eight,  to  be  nominated  by  the  Chairperson  of  the  State 

Authority;  

(c) the Chairperson of the State Executive Committee, ex officio.  

(3)  The  Chairperson  of  the  State  Authority  may  designate  one  of  the  members  nominated  under 

clause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority.  

(4)  The  Chairperson  of  the  State  Executive  Committee  shall  be  the  Chief  Executive  Officer  of  the 

State Authority, ex officio:  

Provided that in the case of a Union territory having Legislative Assembly, except the Union territory 
of Delhi, the Chief Minister shall be the Chairperson of the Authority established under this section and in 
case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of 
that Authority:  

Provided further that the Lieutenant Governor of the Union territory of Delhi shall be the Chairperson 

and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority.  

(5) The term of office and conditions of service of members of the State Authority shall be such as 

may be prescribed.  

15.  Meetings  of  the  State  Authority.—(1)  The  State  Authority  shall  meet  as  and  when  necessary 

and at such time and place as the Chairperson of the State Authority may think fit.  

(2) The Chairperson of the State Authority shall preside over the meetings of the State Authority.  

(3)  If  for  any  reason, the Chairperson  of the  State  Authority  is  unable  to  attend  the  meeting  of the 

State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting.  

16.  Appointment  of  officers  and  other  employees  of  State  Authority.—The  State  Government 
shall provide the State Authority with such officers, consultants and employees, as it considers necessary, 
for carrying out the functions of the State Authority.  

17.  Constitution  of  advisory  committee  by  the  State  Authority.—(1)  A  State  Authority  may,  as 
and when it considers necessary, constitute an advisory committee, consisting of experts in the field of 
disaster management and having practical experience of disaster management to make recommendations 
on different aspects of disaster management.  

(2) The members of the advisory committee shall be paid such allowances as may be prescribed by 

the State Government.  

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18.  Powers  and  functions  of  State  Authority.—(1)  Subject  to  the  provisions  of  this  Act,  a  State 
Authority shall have the responsibility for laying down policies and plans for disaster management in the 
State. 

(2) Without prejudice to the generality of provisions contained in sub-section (1), the State Authority 

may— 

(a) lay down the State disaster management policy;  

(b) approve the State Plan in accordance with the guidelines laid down by the National Authority;  

(c) approve the disaster management plans prepared by the departments of the Government of the 

State;  

(d) lay down guidelines to be followed by the departments of the Government of the State for the 
purposes of integration of measures for prevention of disasters and mitigation in their development 
plans and projects and provide necessary technical assistance therefor;  

(e) coordinate the implementation of the State Plan;  

(f) recommend provision of funds for mitigation and preparedness measures;  

(g)  review  the  development  plans  of  the  different  departments  of  the  State  and  ensure  that 

prevention and mitigation measures are integrated therein;  

(h)  review  the  measures  being  taken  for  mitigation,  capacity  building  and  preparedness  by  the 

departments of the Government of the State and issue such guidelines as may be necessary.  

(3) The Chairperson of the State Authority shall, in the case of emergency, have power to exercise all 

or  any  of  the  powers  of  the  State  Authority  but  the  exercise  of  such  powers  shall  be  subject  to                   
ex post facto ratification of the State Authority.  

19. Guidelines for minimum standard of relief by State Authority.—The State Authority shall lay 

down detailed guidelines for providing standards of relief to persons affected by disaster in the State:  

Provided that such standards shall in no case be less than the minimum standards in the guidelines 

laid down by the National Authority in this regard.  

20.  Constitution  of  State  Executive  Committee.—(1)  The  State  Government  shall,  immediately 
after issue of notification under sub-section (1) of section 14, constitute a State Executive Committee to 
assist the State Authority in the performance of its functions and to coordinate action in accordance with 
the  guidelines  laid  down  by  the  State  Authority  and  ensure  the  compliance  of  directions  issued  by  the 
State Government under this Act.  

(2) The State Executive Committee shall consist of the following members, namely:— 

(a) the Chief Secretary to the State Government, who shall be Chairperson, ex officio; 

(b) four Secretaries to the Government of the State of such departments as the State Government 

may think fit, ex officio.  

(3) The Chairperson of the State Executive Committee shall exercise such powers and perform such 
functions as may be prescribed by the State Government and such other powers and functions as may be 
delegated to him by the State Authority.  

(4)  The  procedure  to  be  followed  by  the  State  Executive  Committee  in  exercise  of  its  powers  and 

discharge of its functions shall be such as may be prescribed by the State Government.  

21.  Constitution  of  sub-committees  by  State  Executive  Committee.—(1)  The  State  Executive 
Committee may, as and when it considers necessary, constitute one or more sub-committees, for efficient 
discharge of its functions.  

(2) The State Executive Committee shall, from amongst its members, appoint the Chairperson of the 

sub-committee referred to in sub-section (1).  

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(3) Any person associated as an expert with any sub-committee may be paid such allowances as may 

be prescribed by the State Government.  

22. Functions of the State Executive Committee.—(1) The State Executive Committee shall have 
the  responsibility  for  implementing  the  National  Plan  and  State  Plan  and  act  as  the  coordinating  and 
monitoring body for management of disaster in the State.  

(2)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (1),  the  State  Executive 

Committee may— 

(a) coordinate and monitor the implementation of the National Policy, the National Plan and the 

State Plan;  

(b)  examine  the  vulnerability  of  different  parts  of  the  State  to  different  forms  of  disasters  and 

specify measures to be taken for their prevention or mitigation;  

(c) lay down guidelines for preparation of disaster management plans by the departments of the 

Government of the State and the District Authorities;  

(d) monitor the implementation of disaster management plans prepared by the departments of the 

Government of the State and District Authorities;  

(e) monitor the implementation of the guidelines laid down by the State Authority for integrating 
of measures for prevention of disasters and mitigation by the departments in their development plans 
and projects; 

(f)  evaluate  preparedness  at  all  governmental  or  non-governmental  levels  to  respond  to  any 
threatening  disaster  situation  or  disaster  and  give  directions,  where  necessary,  for  enhancing  such 
preparedness;  

(g) coordinate response in the event of any threatening disaster situation or disaster;  

(h) give directions to any Department of the Government of the State or any other authority or 
body  in  the  State  regarding  actions  to  be  taken  in  response  to  any  threatening  disaster  situation  or 
disaster;  

(i)  promote  general  education,  awareness  and  community  training  in  regard  to  the  forms  of 
disasters to which different parts of the State are vulnerable and the measures that may be taken by 
such community to prevent the disaster, mitigate and respond to such disaster;  

(j) advise, assist and coordinate the activities of the Departments of the Government of the State, 
District  Authorities,  statutory  bodies  and  other  governmental  and  non-governmental  organisations 
engaged in disaster management;  

(k)  provide  necessary  technical  assistance  or  give  advice  to  District  Authorities  and  local 

authorities for carrying out their functions effectively;  

(l)  advise  the  State  Government  regarding  all  financial  matters  in  relation  to  disaster 

management;  

(m)  examine  the  construction,  in  any  local  area  in the  State  and,  if  it  is  of  the opinion  that  the 
standards  laid  for  such  construction  for  the  prevention  of  disaster  is  not  being  or  has  not  been 
followed,  may  direct  the District  Authority  or  the local  authority,  as  the  case may  be,  to  take  such 
action as may be necessary to secure compliance of such standards;  

(n)  provide  information  to  the  National  Authority  relating  to  different  aspects  of  disaster 

management;  

(o)  lay  down,  review  and  update  State  level  response  plans  and  guidelines  and  ensure  that  the 

district level plans are prepared, reviewed and updated;  

(p) ensure that communication systems are in order and the disaster management drills are carried 

out periodically;  

(q)  perform  such  other  functions  as  may  be  assigned  to  it  by  the  State  Authority  or  as  it  may 

consider necessary.  

11 

 
23. State Plan.—(1) There shall be a plan for disaster management for every State to be called the 

State Disaster Management Plan.  

(2) The State Plan shall be prepared by the State Executive Committee having regard to the guidelines 
laid down by the National Authority and after such consultation with local  authorities, district authorities 
and the people's representatives as the State Executive Committee may deem fit.  

(3)  The  State  Plan  prepared  by  the  State  Executive  Committee  under  sub-section  (2)  shall  be 

approved by the State Authority.  

(4) The State Plan shall include,— 

(a) the vulnerability of different parts of the State to different forms of disasters;  

(b) the measures to be adopted for prevention and mitigation of disasters;  

(c) the manner in which the mitigation measures shall be integrated with the development plans 

and projects;  

(d) the capacity-building and preparedness measures to be taken;  

(e) the roles and responsibilities of each Department of the Government of the State in relation to 

the measures specified in clauses (b), (c) and (d) above;  

(f)  the  roles  and  responsibilities  of  different  Departments  of  the  Government  of  the  State  in 

responding to any threatening disaster situation or disaster.  

(5) The State Plan shall be reviewed and updated annually.  

(6) Appropriate provisions shall be made by the State Government for financing for the measures to 

be carried out under the State Plan.  

(7)  Copies  of  the  State  Plan  referred  to  in  sub-sections  (2)  and  (5)  shall  be  made  available  to  the 
Departments  of  the  Government  of  the  State  and  such  Departments  shall  draw  up  their  own  plans  in 
accordance with the State Plan.  

24.  Powers  and  functions  of  State  Executive  Committee  in  the  event  of  threatening  disaster 
situation.—For the purpose of, assisting and protecting the community affected by disaster or providing 
relief  to  such  community  or,  preventing  or  combating  disruption  or  dealing  with  the  effects  of  any 
threatening disaster situation, the State Executive Committee may— 

(a) control and restrict, vehicular traffic to, from or within, the vulnerable or affected area;  

(b) control and restrict the entry of any person into, his movement within and departure from, a 

vulnerable or affected area;  

(c) remove debris, conduct search and carry out rescue operations;  

(d)  provide  shelter,  food,  drinking  water,  essential  provisions,  healthcare  and  services  in 

accordance with the standards laid down by the National Authority and State Authority; 

(e)  give  direction  to  the  concerned  Department  of  the  Government  of  the  State,  any  District 
Authority  or  other  authority,  within  the  local  limits  of  the  State  to  take  such  measure  or  steps  for 
rescue, evacuation or providing immediate relief saving lives or property, as may be necessary in its 
opinion;  

(f)  require  any  department  of  the  Government  of  the  State  or  any  other  body  or  authority  or 
person  in  charge  of  any  relevant  resources  to  make  available  the  resources  for  the  purposes  of 
emergency response, rescue and relief;  

(g) require experts and consultants in the field of disasters to provide advice and assistance for 

rescue and relief;  

(h) procure exclusive or preferential use of amenities from any authority or person as and when 

required;  

12 

 
 
(i)  construct  temporary  bridges  or  other  necessary  structures  and  demolish  unsafe  structures 

which may be hazardous to public;  

(j) ensure that non-governmental organisations carry out their activities in an equitable and non-

discriminatory manner; 

(k) disseminate information to public to deal with any threatening disaster situation or disaster;  

(l) take such steps as the Central Government or the State Government may direct in this regard 
or take such other steps as are required or warranted by the form of any threatening disaster situation 
or disaster.  

CHAPTER IV 

DISTRICT DISASTER MANAGEMENT AUTHORITY 

25. Constitution of District Disaster Management Authority.—(1) Every State Government shall, 
as  soon  as  may  be  after  issue  of  notification  under  sub-section  (1)  of  section  14,  by  notification in  the 
Official Gazette, establish a District Disaster Management Authority for every district in the State with 
such name as may be specified in that notification.  

(2) The District Authority shall consist of the Chairperson and such number of other members, not 
exceeding seven, as may be prescribed by the State Government, and unless the rules otherwise provide, 
it shall consist of the following, namely:— 

(a)  the  Collector  or  District  Magistrate  or  Deputy  Commissioner,  as  the  case  may  be,  of  the 

district who shall be Chairperson, ex officio;  

(b) the elected representative of the local authority who shall be the co-Chairperson, ex officio:  

Provided  that  in  the  Tribal  Areas,  as  referred  to  in  the  Sixth  Schedule  to  the  Constitution,  the 
Chief Executive Member of the district council of autonomous district, shall be the co-Chairperson, 
ex officio;  

(c) the Chief Executive Officer of the District Authority, ex officio;  

(d) the Superintendent of Police, ex officio;  

(e) the Chief Medical Officer of the district, ex officio;  

(f) not exceeding two other district level officers, to be appointed by the State Government.  

(3) In any district where zila parishad exists, the Chairperson thereof shall be the co-Chairperson of 

the District Authority.  

(4)  The  State  Government  shall  appoint  an  officer  not  below  the  rank  of  Additional  Collector  or 
Additional District Magistrate or Additional Deputy Commissioner, as the case may be, of the district to 
be  the  Chief  Executive  Officer  of  the  District  Authority  to  exercise  such  powers  and  perform  such 
functions as may be prescribed by the State Government and such other powers and functions as may be 
delegated to him by the District Authority.  

26. Powers of Chairperson of District Authority.—(1) The Chairperson of the District Authority 
shall,  in  addition  to  presiding  over  the  meetings  of  the  District  Authority,  exercise  and  discharge  such 
powers and functions of the District Authority as the District Authority may delegate to him.  

(2)  The  Chairperson  of  the  District  Authority  shall,  in  the  case  of  an  emergency,  have  power  to 
exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject 
to ex post facto ratification of the District Authority.  

(3)  The  District  Authority  or  the  Chairperson  of  the  District  Authority  may,  by  general  or  special 
order, in writing, delegate such of its or his powers and functions, under sub-section (1) or (2), as the case 
may  be,  to  the  Chief  Executive  Officer  of  the  District  Authority,  subject  to  such  conditions  and 
limitations, if any, as it or he deems fit.  

27. Meetings.—The District Authority shall meet as and when necessary and at such time and place 

as the Chairperson may think fit.  

13 

 
28. Constitution of advisory committees and other committees.—(1) The District Authority may, 
as and when it considers necessary, constitute one or more advisory committees and other committees for 
the efficient discharge of its functions. 

(2)  The  District  Authority  shall,  from  amongst  its  members,  appoint  the  Chairperson  of  the 

Committee referred to in sub-section (1).  

(3)  Any  person  associated  as  an  expert  with  any  committee  or  sub-committee  constituted  under              

sub-section (1) may be paid such allowances as may be prescribed by the State Government.  

29. Appointment of officers and other employees of District Authority.—The State Government 
shall  provide  the  District  Authority  with  such  officers,  consultants  and  other  employees  as  it  considers 
necessary for carrying out the functions of District Authority.  

30. Powers and functions of District Authority.—(1) The District Authority shall act as the district 
planning,  coordinating  and  implementing  body  for  disaster  management  and  take  all  measures  for  the 
purposes  of  disaster  management  in  the  district  in  accordance  with  the  guidelines  laid  down  by  the 
National Authority and the State Authority. 

(2)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (1),  the  District  Authority 

may— 

(i) prepare a disaster management plan including district response plan for the district;  

(ii)  coordinate  and  monitor  the  implementation  of  the  National  Policy,  State  Policy,  National 

Plan, State Plan and District Plan;  

(iii) ensure that the areas in the district vulnerable to disasters are identified and measures for the 
prevention  of  disasters  and  the  mitigation  of  its  effects  are  undertaken  by  the  departments  of  the 
Government at the district level as well as by the local authorities;  

(iv) ensure that the guidelines for prevention of disasters, mitigation of its effects, preparedness 
and response measures as laid down by the National Authority and the State Authority are followed 
by all departments of the Government at the district level and the local authorities in the district;  

(v)  give  directions  to  different  authorities  at  the  district  level  and  local  authorities  to  take  such 

other measures for the prevention or mitigation of disasters as may be necessary;  

(vi) lay  down  guidelines for  prevention  of  disaster management  plans  by  the  department  of  the 

Government at the districts level and local authorities in the district;  

(vii) monitor the implementation of disaster management plans prepared by the Departments of 

the Government at the district level;  

(viii)  lay  down  guidelines to  be followed by  the  Departments of the  Government  at  the  district 
level  for  purposes  of  integration  of  measures  for  prevention  of  disasters  and  mitigation  in  their 
development plans and projects and provide necessary technical assistance therefor; 

(ix) monitor the implementation of measures referred to in clause (viii);  

(x) review the state of capabilities for responding to any disaster or threatening disaster situation 
in  the  district  and  give  directions  to  the  relevant  departments  or  authorities  at  the  district  level  for 
their up gradation as may be necessary;  

(xi)  review  the  preparedness  measures  and  give  directions  to  the  concerned  departments  at  the 
district level or other concerned authorities where necessary for bringing the preparedness measures 
to the levels required for responding effectively to any disaster or threatening disaster situation;  

(xii)  organise  and  coordinate  specialised  training  programmes  for  different  levels  of  officers, 

employees and voluntary rescue workers in the district;  

(xiii)  facilitate  community  training  and  awareness  programmes  for  prevention  of  disaster  or 

mitigation with the support of local authorities, governmental and non-governmental organisations;  

14 

 
 
(xiv) set up, maintain, review and upgrade the mechanism for early warnings and dissemination of 

proper information to public;  

(xv) prepare, review and update district level response plan and guidelines;  

(xvi) coordinate response to any threatening disaster situation or disaster;  

(xvii) ensure that the Departments of the Government at the district level and the local authorities 

prepare their response plans in accordance with the district response plan;  

(xviii) lay down guidelines for, or give direction to, the concerned Department of the Government 
at the district level or any other authorities within the local limits of the district to take measures to 
respond effectively to any threatening disaster situation or disaster;  

(xix)  advise,  assist  and  coordinate  the  activities  of  the  Departments  of  the  Government  at  the 
district  level,  statutory  bodies  and  other  governmental  and  non-governmental  organisations  in  the 
district engaged in the disaster management;  

(xx)  coordinate  with,  and  give  guidelines  to,  local  authorities  in  the  district  to  ensure  that 
measures for the prevention or mitigation of threatening disaster situation or disaster in the district are 
carried out promptly and effectively;  

(xxi) provide necessary technical assistance or give advise to the local authorities in the district 

for carrying out their functions;  

(xxii) review development plans prepared by the Departments of the Government at the district 
level, statutory authorities or local authorities with a view to make necessary provisions therein for 
prevention of disaster or mitigation; 

(xxiii)  examine  the  construction  in  any  area  in  the  district  and,  if  it  is  of  the  opinion  that  the 
standards for the prevention of disaster or mitigation laid down for such construction is not being or 
has not been followed, may direct the concerned authority to take such action as may be necessary to 
secure compliance of such standards;  

(xxiv) identify buildings and places which could, in the event of any threatening disaster situation 
or disaster, be used as relief centers or camps and make arrangements for water supply and sanitation 
in such buildings or places;  

(xxv)  establish  stockpiles  of  relief  and  rescue  materials  or  ensure  preparedness  to  make  such 

materials available at a short notice;  

(xxvi)  provide  information  to  the  State  Authority  relating  to  different  aspects  of  disaster 

management;  

(xxvii)  encourage  the  involvement    of  non-governmental  organisations  and  voluntary  social-

welfare institutions working at the grassroots level in the district for disaster management;  

(xxviii)  ensure  communication  systems  are  in  order,  and  disaster  management  drills  are  carried 

out periodically;  

(xxix) perform such other functions as the State Government or State Authority may assign to it or 

as it deems necessary for disaster management in the District.  

31. District Plan.—(1) There shall be a plan for disaster management for every district of the State.  

(2)  The  District  Plan  shall  be  prepared  by  the  District  Authority,  after  consultation  with  the  local 
authorities  and  having  regard  to  the  National  Plan  and  the  State  Plan,  to  be  approved  by  the  State 
Authority.  

(3) The District Plan shall include— 

(a) the areas in the district vulnerable to different forms of disasters;  

(b) the measures to be taken, for prevention and mitigation of disaster, by the Departments of the 

Government at the district level and local authorities in the district;  

15 

 
(c) the capacity-building and preparedness measures required to be taken by the Departments of 
the  Government  at  the  district  level  and  the  local  authorities  in  the  district  to  respond  to  any 
threatening disaster situation or disaster;  

(d) the response plans and procedures, in the event of a disaster, providing for— 

(i) allocation of responsibilities to the Departments of the Government at the district level and 

the local authorities in the district; 

(ii) prompt response to disaster and relief thereof;  

(iii) procurement of essential resources;  

(iv) establishment of communication links; and  

(v) the dissemination of information to the public;  

(e) such other matters as may be required by the State Authority.  

(4) The District Plan shall be reviewed and updated annually.  

(5) The copies of the District Plan referred to in sub-sections (2) and (4) shall be made available to the 

Departments of the Government in the district.  

(6) The  District  Authority  shall  send  a  copy  of the  District  Plan to  the  State  Authority  which shall 

forward it to the State Government.  

(7) The District Authority shall, review from time to time, the implementation of the Plan and issue 
such instructions to different departments of the Government in the district as it may deem necessary for 
the implementation thereof.  

32. Plans by different authorities at district level and their implementation.—Every office of the 
Government  of  India  and  of  the  State  Government  at  the  district  level  and  the  local  authorities  shall, 
subject to the supervision of the District Authority,— 

(a) prepare a disaster management plan setting out the following, namely:— 

(i) provisions for prevention and mitigation measures as provided for in the District Plan and 

as is assigned to the department or agency concerned;  

(ii)  provisions  for  taking  measures  relating  to  capacity-building  and  preparedness  as  laid 

down in the District Plan;  

(iii) the response plans and procedures, in the event of, any threatening disaster situation or 

disaster;  

(b)  coordinate  the  preparation  and  the  implementation  of  its  plan  with  those  of  the  other 

organisations at the district level including local authority, communities and other stakeholders;  

(c) regularly review and update the plan; and  

(d) submit a copy of its disaster management plan, and of any amendment thereto, to the District 

Authority. 

33. Requisition by the District Authority.—The District Authority may by order require any officer 
or any Department at the district level or any local authority to take such measures for the prevention or 
mitigation of disaster, or to effectively respond to it, as may be necessary, and such officer or department 
shall be bound to carry out such order.  

34. Powers and functions of District Authority in the event of any threatening disaster situation 
or disaster.—For the purpose of assisting, protecting or providing relief to the community, in response to 
any threatening disaster situation or disaster, the District Authority may— 

(a)  give  directions  for  the  release  and  use  of  resources  available  with  any  Department  of  the 

Government and the local authority in the district;  

(b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area;  

16 

 
(c) control and restrict the entry of any person into, his movement within and departure from, a 

vulnerable or affected area;  

(d) remove debris, conduct search and carry out rescue operations;  

(e) provide shelter, food, drinking water and essential provisions, healthcare and services;  

(f) establish emergency communication systems in the affected area;  

(g) make arrangements for the disposal of the unclaimed dead bodies;  

(h) recommend to any Department of the Government of the State or any authority or body under 

that Government at the district level to take such measures as are necessary in its opinion;  

(i)  require  experts  and  consultants  in  the  relevant  fields  to  advise  and  assist  as  it  may  deem 

necessary;  

(j) procure exclusive or preferential use of amenities from any authority or person;  

(k) construct temporary bridges or other necessary structures and demolish structures which may 

be hazardous to public or aggravate the effects of the disaster;  

(l)  ensure  that  the  non-governmental  organisations  carry  out  their  activities  in  an  equitable  and 

non-discriminatory manner;  

(m) take such other steps as may be required or warranted to be taken in such a situation.  

CHAPTER V 

MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT 

35. Central Government to take measures.—(1) Subject to the provisions of this Act, the Central 
Government shall take all such measures as it deems necessary or expedient for the purpose of disaster 
management.  

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (1),  the 
measures which the Central Government may take under that sub-section include measures with respect 
to all or any of the following matters, namely:— 

(a)  coordination  of  actions  of  the  Ministries  or  Departments  of  the  Government  of  India,  State 
Governments,  National  Authority,  State  Authorities,  governmental  and  non-governmental 
organisations in relation to disaster management;  

(b) ensure the integration of measures for prevention of disasters and mitigation by Ministries or 

Departments of the Government of India into their development plans and projects;  

(c) ensure appropriate allocation of funds for prevention of disaster, mitigation, capacity-building 

and preparedness by the Ministries or Departments of the Government of India;  

(d) ensure that the Ministries or Departments of the Government of India take necessary measures 
for preparedness to promptly and effectively respond to any threatening disaster situation or disaster;  

(e) cooperation and assistance to State Governments, as requested by them or otherwise deemed 

appropriate by it;  

(f)  deployment  of  naval,  military  and  air  forces,  other  armed  forces  of  the  Union  or  any  other 

civilian personnel as may be required for the purposes of this Act;  

(g) coordination with the United Nations agencies, international  organisations and governments 

of foreign countries for the purposes of this Act;  

(h)  establish  institutions  for  research,  training,  and  developmental  programmes  in  the  field  of 

disaster management;  

(i)  such  other  matters  as  it  deems  necessary  or  expedient  for  the  purpose  of  securing  effective 

implementation of the provisions of this Act.  

17 

 
(3) The Central Government may extend such support to other countries affected by major disaster as 

it may deem appropriate.  

36.  Responsibilities  of  Ministries  or  Departments  of  Government  of  India.—It  shall  be  the 

responsibility of every Ministry or Department of the Government of India to— 

(a)  take  measures  necessary  for  prevention  of  disasters,  mitigation,  preparedness  and  capacity-

building in accordance with the guidelines laid down by the National Authority;  

(b) integrate into its development plans and projects, the measures for prevention or mitigation of 

disasters in accordance with the guidelines laid down by the National Authority;  

(c)  respond  effectively  and  promptly  to  any  threatening  disaster  situation  or  disaster  in 
accordance with the guidelines of the National Authority or the directions of the National Executive 
Committee in this behalf;  

(d) review the enactments administered  by  it,  its  policies,  rules  and  regulations,  with a  view  to 

incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;  

(e)  allocate  funds  for  measures  for  prevention  of  disaster,  mitigation,  capacity-building  and 

preparedness;  

(f) provide assistance to the National Authority and State Governments for— 

(i) drawing up mitigation, preparedness and response plans, capacity-building, data collection 

and identification and training of personnel in relation to disaster management;  

(ii) carrying out rescue and relief operations in the affected area;  

(iii) assessing the damage from any disaster;  

(iv) carrying out rehabilitation and reconstruction;  

(g)  make  available  its  resources  to  the  National  Executive  Committee  or  a  State  Executive 
Committee  for  the  purposes  of  responding  promptly  and  effectively  to  any  threatening  disaster 
situation or disaster, including measures for— 

(i) providing emergency communication in a vulnerable or affected area;  

(ii) transporting personnel and relief goods to and from the affected area;  

(iii) providing evacuation, rescue, temporary shelter or other immediate relief;  

(iv) setting up temporary bridges, jetties and landing places;  

(v)  providing,  drinking  water,  essential  provisions,  healthcare,  and  services  in  an  affected 

area;  

(h) take such other actions as it may consider necessary for disaster management.  

37.  Disaster  management  plans  of  Ministries  or  Departments  of  Government  of  India.—(1) 

Every Ministry or Department of the Government of India shall— 

(a) prepare a disaster management plan specifying the following particulars, namely:— 

(i)  the  measures  to  be  taken  by  it  for  prevention  and  mitigation  of  disasters  in  accordance 

with the National Plan;  

(ii) the specifications regarding integration of mitigation measures in its development plans in 
accordance with the guidelines of the National Authority and the National Executive Committee;  

(iii) its roles and responsibilities in relation to preparedness and capacity-building to deal with 

any threatening disaster situation or disaster;  

(iv)  its  roles  and  responsibilities  in  regard  to  promptly  and  effectively  responding  to  any 

threatening disaster situation or disaster;  

18 

 
(v) the present status of its preparedness to perform the roles and responsibilities specified in 

sub-clauses (iii) and (iv);  

(vi)  the  measures  required  to  be  taken  in  order  to  enable  it  to  perform  its  responsibilities 

specified in sub-clauses (iii) and (iv);  

(b) review and update annually the plan referred to in clause (a);  

(c) forward a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the 
Central Government which Government shall forward a copy thereof to the National Authority for its 
approval.  

(2) Every Ministry or Department of the Government of India shall— 

(a)  make,  while  preparing  disaster  management  plan  under  clause  (a)  of  sub-section  (1), 

provisions for financing the activities specified therein;  

(b)  furnish  a  status  report  regarding  the  implementation  of  the  plan  referred  to  in  clause  (a)  of 

sub-section (1) to the National Authority, as and when required by it.  

38.  State  Government  to  take  measures.—(1)  Subject  to  the  provisions  of  this  Act,  each  State 
Government shall take all measures specified in the guidelines laid down by the National Authority and 
such further measures as it deems necessary or expedient, for the purpose of disaster management.  

(2) The measures which the State Government may take under sub-section (1) include measures with 

respect to all or any of the following matters, namely:— 

(a)  coordination  of  actions  of  different  departments  of  the  Government  of  the  State,  the  State 

Authority, District Authorities, local authority and other non-governmental organisations;  

(b) cooperation and assistance in the disaster management to the National Authority and National 
Executive  Committee,  the  State  Authority  and  the  State  Executive  Committee,  and  the  District 
Authorities;  

(c) cooperation with, and assistance to, the Ministries or Departments of the Government of India 

in disaster management, as requested by them or otherwise deemed appropriate by it;  

(d) allocation of funds for measures for prevention of disaster, mitigation, capacity-building and 
preparedness by the departments of the Government of the State in accordance with the provisions of 
the State Plan and the District Plans;  

(e)  ensure  that  the  integration  of  measures  for  prevention  of  disaster  or  mitigation  by  the 

departments of the Government of the State in their development plans and projects;  

(f)  integrate  in  the  State  development  plan,  measures  to  reduce  or  mitigate  the  vulnerability  of 

different parts of the State to different disasters;  

(g) ensure the preparation of disaster management plans by different departments of the State in 

accordance with the guidelines laid down by the National Authority and the State Authority;  

(h) establishment of adequate warning systems up to the level of vulnerable communities;  

(i) ensure that different departments of the Government of the State and the District Authorities 

take appropriate preparedness measures;  

(j) ensure that in a threatening disaster situation or disaster, the resources of different departments 
of the Government of the State are made available to the National Executive Committee or the State 
Executive  Committee  or  the  District  Authorities,  as  the  case  may  be,  for  the  purposes  of  effective 
response, rescue and relief in any threatening disaster situation or disaster;  

(k) provide rehabilitation and reconstruction assistance to the victims of any disaster; and  

(l)  such  other  matters  as  it  deems  necessary  or  expedient  for  the  purpose  of  securing  effective 

implementation of provisions of this Act.  

19 

 
 
39.  Responsibilities  of  departments  of  the  State  Government.—It  shall  be  the  responsibility  of 

every department of the Government of a State to— 

(a)  take  measures  necessary  for  prevention  of  disasters,  mitigation,  preparedness  and  capacity-
building  in  accordance  with  the  guidelines  laid  down  by  the  National  Authority  and  the  State 
Authority; 

(b) integrate into its development plans and projects, the measures for prevention of disaster and 

mitigation;  

(c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness;  

(d)  respond  effectively  and  promptly  to  any  threatening  disaster  situation  or  disaster  in 
accordance with the State Plan, and in accordance with the guidelines or directions of the National 
Executive Committee and the State Executive Committee;  

(e)  review  the  enactments  administered  by  it,  its  policies,  rules  and  regulations  with  a  view  to 

incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;  

(f)  provide  assistance,  as  required,  by  the  National  Executive  Committee,  the  State  Executive 

Committee and District Authorities, for— 

(i) drawing up mitigation, preparedness and response plans, capacity-building, data collection 

and identification and training of personnel in relation to disaster management;  

(ii) assessing the damage from any disaster;  

(iii) carrying out rehabilitation and reconstruction;  

(g) make provision for resources in consultation with the State Authority for the implementation 

of the District Plan by its authorities at the district level;  

(h)  make  available  its  resources  to  the  National  Executive  Committee  or  the  State  Executive 
Committee or the District Authorities for the purposes of responding promptly and effectively to any 
disaster in the State, including measures for— 

(i) providing emergency communication with a vulnerable or affected area;  

(ii) transporting personnel and relief goods to and from the affected area;  

(iii) providing evacuation, rescue, temporary shelter or other immediate relief;  

(iv)  carrying out evacuation of persons or live-stock from an area of any threatening disaster 

situation or disaster;  

(v) setting up temporary bridges, jetties and landing places;  

(vi)providing drinking water, essential provisions, healthcare and services in an affected area;  

(i) such other actions as may be necessary for disaster management.  

40.  Disaster  management  plan  of  departments  of  State.—(1)  Every  department  of  the  State 

Government, in conformity with the guidelines laid down by the State Authority, shall— 

(a) prepare a disaster management plan which shall lay down the following :— 

(i) the types of disasters to which different parts of the State are vulnerable;  

(ii)  integration  of  strategies  for  the  prevention  of  disaster  or  the  mitigation  of  its  effects  or 

both with the development plans and programmes by the department;  

(iii)  the  roles  and  responsibilities  of  the  department  of  the  State  in  the  event  of  any 
threatening disaster situation or disaster and emergency support function it is required to perform;  

(iv) present status of its preparedness to perform such roles or responsibilities or emergency 

support function under sub-clause (iii);  

20 

 
(v) the capacity-building and preparedness measures proposed to be put into effect in order to 
enable  the  Ministries  or  Departments  of  the  Government  of  India  to  discharge  their 
responsibilities under section 37;  

(b) annually review and update the plan referred to in clause (a); and  

(c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the 

State Authority.  

(2) Every department of the State Government, while preparing the plan under sub-section (1), shall 

make provisions for financing the activities specified therein.  

(3)  Every  department  of  the  State  Government  shall  furnish  an  implementation  status  report  to  the 
State Executive Committee regarding the implementation of the disaster management plan referred to in 
sub-section (1).  

CHAPTER VI 

LOCAL AUTHORITIES 

41. Functions of the local authority.—(1) Subject to the directions of the District Authority, a local 

authority shall— 

(a) ensure that its officers and employees are trained for disaster management;  

(b)  ensure  that  resources  relating  to  disaster  management  are  so  maintained  as  to  be  readily 

available for use in the event of any threatening disaster situation or disaster;  

(c) ensure all construction projects under it or within its jurisdiction conform to the standards and 
specifications laid down for  prevention of  disasters and  mitigation by  the  National  Authority,  State 
Authority and the District Authority;  

(d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance 

with the State Plan and the District Plan.  

(2)  The  local  authority  may  take  such  other  measures  as  may  be  necessary  for  the  disaster 

management.  

CHAPTER VII 

NATIONAL INSTITUTEOF DISASTER MANAGEMENT 

42.  National  Institute  of  Disaster  Management.—(1)  With  effect  from  such  date  as  the  Central 
Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted 
an institute to be called the National Institute of Disaster Management.  

(2) The National Institute of Disaster Management shall consist of such number of members as may 

be prescribed by the Central Government.  

(3)  The  term  of  office  of,  and  vacancies  among,  members  of  the  National  Institute  of  Disaster 

Management and manner of filling such vacancies shall be such as may be prescribed.  

(4) There shall be a governing body of the National Institute of Disaster Management which shall be 
constituted by the Central Government from amongst the members of the National Institute of Disaster 
Management in such manner as may be prescribed.  

(5) The governing body of the National Institute of Disaster Management shall exercise such powers 

and discharge such functions as may be prescribed by regulations.  

(6)  The  procedure  to  be  followed  in  exercise  of  its  powers  and  discharge  of  its  functions  by  the 
governing body, and the term of office of, and the manner of filling vacancies among the members of the 
governing body, shall be such as may be prescribed by regulations.  

(7)  Until  the  regulations  are  made  under  this  section,  the  Central  Government  may  make  such 
regulations; and any regulation so made may be altered or rescinded by the National Institute of Disaster 
Management in exercise of its powers.  

21 

 
(8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function 
within  the  broad  policies  and  guidelines  laid  down  by  the  National  Authority  and  be  responsible  for 
planning  and  promoting  training  and  research  in  the  area  of  disaster  management,  documentation  and 
development  of  national  level  information  base  relating  to  disaster  management  policies,  prevention 
mechanisms and mitigation measures.  

(9)  Without  prejudice  to  the  generality  of  the  provisions  contained  in  sub-section  (8),  the  National 

Institute, for the discharge of its functions, may— 

(a) develop training modules, undertake research and documentation in disaster management and 

organise training programmes;  

(b)  formulate  and  implement  a  comprehensive  human  resource  development  plan  covering  all 

aspects of disaster management;  

(c) provide assistance in national level policy formulation;  

(d) provide required assistance to the training and research institutes for development of training 
and  research  programmes  for  stakeholders  including  Government  functionaries  and  undertake 
training of faculty members of the State level training institutes;  

(e) provide assistance to the State Governments and State training institutes in the formulation of 
State level policies, strategies, disaster management framework and any other assistance as may be 
required by the State Governments or State training institutes for capacity-building of stakeholders, 
Government including its functionaries, civil society members, corporate sector and people's elected 
representatives;  

(f)  develop  educational  materials  for  disaster  management  including  academic  and  professional 

courses;  

(g)  promote  awareness  among  stakeholders  including  college  or  school  teachers  and  students, 
technical  personnel  and  others  associated  with  multi-hazard  mitigation,  preparedness  and  response 
measures;  

(h)  undertake,  Organise  and  facilitate  study  courses,  conferences, lectures,  seminars  within  and 

outside the country to promote the aforesaid objects;  

(i) undertake and provide for publication of journals, research papers and books and establish and 

maintain libraries in furtherance of the aforesaid objects;  

(j) do all such other lawful things as are conducive or incidental to the attainment of the above 

objects; and  

(k) undertake any other function as may be assigned to it by the Central Government.  

43.  Officers  and  other  employees  of  the  National  Institute.—The  Central  Government  shall 
provide  the  National  Institute  of  Disaster  Management  with  such  officers,  consultants  and  other 
employees, as it considers necessary, for carrying out its functions.  

CHAPTER VIII 

NATIONAL DISASTER RESPONSE FORCE 

44.  National  Disaster  Response  Force.—(1)  There  shall  be  constituted  a  National  Disaster 

Response Force for the purpose of specialist response to a threatening disaster situation or disaster.  

(2)  Subject  to  the  provisions  of  this  Act,  the  Force  shall  be  constituted  in  such  manner  and,  the 
conditions of service of the members of the Force, including disciplinary provisions therefore, be such as 
may be prescribed.  

45. Control, direction, etc.—The general superintendence, direction and control of the Force shall 
be vested and exercised by the National Authority and the command and supervision of the Force shall 
vest  in  an  officer  to  be  appointed  by  the  Central  Government  as  the  Director  General  of  the  National 
Disaster Response Force.  

22 

 
CHAPTER IX 

FINANCE, ACCOUNTS AND AUDIT 

46.  National  Disaster  Response  Fund.—(1)  The  Central  Government  may,  by  notification  in  the 
Official  Gazette,  constitute  a  fund  to  be  called  the  National  Disaster  Response  Fund  for  meeting  any 
threatening disaster situation or disaster and there shall be credited thereto— 

(a) an amount which the Central Government may, after due appropriation made by Parliament 

by law in this behalf provide;  

(b)  any  grants  that  may  be  made  by  any  person  or  institution  for  the  purpose  of  disaster 

management.  

(2)  The  National  Disaster  Response  Fund  shall  be  made  available  to  the  National  Executive 
Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation 
in accordance with the guidelines laid down by the Central Government in consultation with the National 
Authority.  

47. National Disaster Mitigation Fund.—(1) The Central Government may, by notification in the 
Official  Gazette,  constitute  a  Fund  to  be  called  the  National  Disaster  Mitigation  Fund  for  projects 
exclusively  for  the  purpose  of  mitigation  and  there  shall  be  credited  thereto  such  amount  which  the 
Central Government may, after due appropriation made by Parliament by law in this behalf, provide.  

(2) The National Disaster Mitigation Fund shall be applied by the National Authority.  

48. Establishment of funds by State Government.—(1) The State Government shall, immediately 
after notifications issued for constituting the State Authority and the District Authorities, establish for the 
purposes of this Act the following funds, namely:— 

(a) the fund to be called the State Disaster Response Fund;  

(b) the fund to be called the District Disaster Response Fund;  

(c) the fund to be called the State Disaster Mitigation Fund;  

(d) the fund to be called the District Disaster Mitigation Fund.  

(2) The State Government shall ensure that the funds established— 

(i) under clause (a) of sub-section (1) is available to the State Executive Committee;  

(ii) under sub-clause (c) of sub-section (1) is available to the State Authority;  

(iii) under clauses (b) and (d) of sub-section (1) are available to the District Authority.  

49. Allocation of funds by Ministries and Departments.—(1) Every Ministry or Department of the 
Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying 
out the activities and programmes set out in its disaster management plan.  

(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to departments of the Government 

of the State.  

50.  Emergency  procurement  and  accounting.—Where  by  reason  of  any  threatening  disaster 
situation or disaster, the National Authority or the State Authority or the District Authority is satisfied that 
immediate procurement of provisions or materials or the immediate application of resources are necessary 
for rescue or relief,— 

(a) it may authorise the concerned department or authority to make the emergency procurement 

and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived;  

(b) a certificate about utilisation of provisions or materials by the controlling officer authorised by 
the National Authority, State Authority or District Authority, as the case may be, shall be deemed to 
be  a  valid  document  or  voucher  for  the  purpose  of  accounting  of  emergency,  procurement  of  such 
provisions or materials.  

23 

 
CHAPTER X 

OFFENCES AND PENALTIES 

51. Punishment for obstruction, etc.—Whoever, without reasonable cause— 

(a) obstructs any officer or employee of the Central Government or the State Government, or a 
person authorised by the National Authority or State Authority or District Authority in the discharge 
of his functions under this Act; or  

(b) refuses to comply with any direction given by or on behalf of the Central Government or the 
State  Government  or  the  National  Executive  Committee  or  the  State  Executive  Committee  or  the 
District Authority under this Act,  

shall on conviction be punishable with imprisonment for a term which  may extend to one year or with 
fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or 
imminent  danger  thereof,  shall  on  conviction  be  punishable  with  imprisonment  for  a  term  which  may 
extend to two years.  

52. Punishment for false claim.—Whoever knowingly makes a claim which he knows or has reason 
to  believe  to  be  false  for  obtaining  any  relief,  assistance,  repair,  reconstruction  or  other  benefits 
consequent to disaster from any officer of the Central Government, the State Government, the  National 
Authority,  the  State  Authority  or  the  District  Authority,  shall,  on  conviction  be  punishable  with 
imprisonment for a term which may extend to two years, and also with fine.  

53. Punishment for misappropriation of money or materials, etc.—Whoever, being entrusted with 
any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant 
for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his 
own use or disposes of such money or materials or any part thereof or wilfully compels any other person 
so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, 
and also with fine.  

54.  Punishment  for  false  warning.—Whoever  makes  or  circulates  a  false  alarm  or  warning  as  to 
disaster  or  its  severity  or  magnitude,  leading  to  panic,  shall  on  conviction,  be  punishable  with 
imprisonment which may extend to one year or with fine.  

55. Offences by Departments of the Government.—(1) Where an offence under this Act has been 
committed  by  any  Department  of  the  Government,  the  head  of  the  Department  shall  be  deemed  to  be 
guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished  accordingly  unless  he 
proves  that  the  offence  was  committed  without  his  knowledge  or that  he  exercised  all  due  diligence to 
prevent the commission of such offence.  

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a Department of the Government and it is proved that the offence has been committed with 
the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the 
head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly.  

56.  Failure  of  officer  in  duty  or  his  connivance  at  the  contravention  of  the  provisions  of  this 
Act.—Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses 
to  perform  or  withdraws  himself from  the  duties of his  office  shall,  unless  he has  obtained  the  express 
written  permission  of  his  official  superior  or  has  other  lawful  excuse  for  so  doing,  be  punishable  with 
imprisonment for a term which may extend to one year or with fine.  

57. Penalty for contravention of any order regarding requisitioning.—If any person contravenes 
any order made under section 65, he shall be punishable with imprisonment for a term which may extend 
to one year or with fine or with both.  

58. Offence by companies.—(1) Where an offence under this Act has been committed by a company 
or body corporate, every person who at the time the offence was committed, was in charge of, and was 
responsible  to,  the  company,  for  the  conduct  of  the  business  of  the  company,  as  well  as  the  company, 

24 

 
shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished 
accordingly:  

Provided  that  nothing  in  this  sub-section  shall  render  any  such  person  liable  to  any  punishment 
provided  in  this  Act,  if  he  proves  that  the  offence  was  committed  without  his  knowledge  or  that  he 
exercised due diligence to prevent the commission of such offence.  

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a company, and it is proved that the offence was committed with the consent or connivance 
of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the 
company,  such  director,  manager,  secretary  or  other  officer  shall  also,  be  deemed  to  be  guilty  of  that 
offence and shall be liable to be proceeded against and punished accordingly.  

Explanation.—For the purpose of this section— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and  

(b) “director”, in relation to a firm, means a partner in the firm.  

59. Previous sanction for prosecution.—No prosecution for offences punishable under sections 55 
and  56  shall  be  instituted  except  with  the  previous  sanction  of  the  Central  Government  or  the  State 
Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by 
such Government.  

60. Cognizance of offences.—No court shall take cognizance of an offence under this Act except on 

a complaint made by— 

(a) the National Authority, the State Authority, the Central Government, the State Government, 
the District Authority or any other authority or officer  authorised in this behalf by that Authority or 
Government, as the case may be; or  

(b) any person who has given notice of not less than thirty days in the manner prescribed, of the 
alleged offence and his intention to make a complaint to the National Authority, the State Authority, 
the  Central  Government,  the  State  Government,  the  District  Authority  or  any  other  authority  or 
officer authorised as aforesaid.  

CHAPTER XI 

MISCELLANEOUS 

61. Prohibition against discrimination.—While providing compensation and relief to the victims of 

disaster, there shall be no discrimination on the ground of sex, caste, community, descent or religion.  

62. Power to issue direction by Central Government.—Notwithstanding anything contained in any 
other law for the time being in force, it shall be lawful for the Central Government to issue direction in 
writing  to  the  Ministries  or  Departments  of  the  Government  of  India,  or  the  National  Executive 
Committee or the State Government, State Authority, State Executive Committee, statutory bodies or any 
of its officers or employees, as the case may be, to facilitate or assist in the disaster management and such 
Ministry  or  Department  or  Government  or  Authority,  Executive  Committee,  statutory  body,  officer  or 
employee shall be bound to comply with such direction.  

63. Powers to be made available for rescue operations.—Any officer or authority of the Union or a 
State, when requested by the National Executive Committee, any State Executive Committee or District 
Authority or any person authorised by such Committee or Authority in this behalf, shall make available to 
that Committee or authority or person, such officers and employees as requested for, to perform any of 
the functions in connection with the prevention of disaster or mitigation or rescue or relief work.  

64. Making or amending rules, etc., in certain circumstances.—Subject to the provisions of this 
Act,  if  it  appears  to  the  National  Executive  Committee,  State  Executive  Committee  or  the  District 
Authority, as the case may be, that provisions of any rule, regulation, notification, guideline, instruction, 
order, scheme or bye-laws, as the case may be, are required to be made or amended for the purposes of 
prevention of disasters or the mitigation thereof, it may require the amendment of such rules, regulation,  

25 

 
notification, guidelines, instruction, order, scheme or bye-laws, as the case may be, for that purpose, and 
the appropriate department or authority shall take necessary action to comply with the requirements.  

65. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc.—(1) If 
it appears to the National Executive Committee, State Executive Committee or District Authority or any 
officer as may be authorised by it in this behalf that— 

(a) any resources with any authority or person are needed for the purpose of prompt response;  

(b) any premises are needed or likely to be needed for the purpose of rescue operations; or  

(c) any vehicle is needed or is likely to be needed for the purposes of transport of' resources from 
disaster  affected areas  or  transport  of  resources  to the  affected  area  or  transport  in  connection  with 
rescue, rehabilitation or reconstruction,  

such authority may, by order in writing, requisition such resources or premises or such vehicle, as the case 
may be, and may make such further orders as may appear to it to be necessary or expedient in connection 
with the requisitioning.  

(2) Whenever any resource, premises or vehicle is requisitioned under sub-section (1), the period of 
such  requisition  shall  not  extend  beyond  the  period  for  which  such  resource,  premises  or  vehicle  is 
required for any of the purposes mentioned in that sub-section. 

(3) In this section,— 

(a) “resources” includes men and material resources;  

(b) “services” includes facilities;  

(c) “premises” means any land, building or part of a building and includes a hut, shed or other 

structure or any part thereof;  

(d)  “vehicle”  means  any  vehicle  used  or  capable  of  being  used  for  the  purpose  of  transport, 

whether propelled by mechanical power or otherwise.  

66. Payment of compensation.— (1) Whenever any Committee, Authority or officer referred to in 
sub-section (1) of section 65, in pursuance of that section requisitions any premises, there shall be paid to 
the persons interested compensation the amount of which shall be determined by taking into consideration 
the following, namely:— 

(i)  the  rent  payable  in  respect  of  the  premises,  or  if  no  rent  is  so  payable,  the  rent  payable  for 

similar premises in the locality;  

(ii)  if  as  consequence  of  the  requisition  of  the  premises  the  person  interested  is  compelled  to 
change his residence or place of business, the reasonable expenses (if any) incidental to such change:  

Provided  that  where  any  person  interested  being  aggrieved  by  the  amount  of  compensation  so 
determined  makes  an  application  within  the  thirty  days  to  the  Central  Government  or  the  State 
Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to 
be  paid  shall  be  such  as  the  arbitrator  appointed  in  this  behalf  by  the  Central  Government  or  the  State 
Government, as the case may be, may determine:  

Provided further that where there is any dispute as to the title to receive the compensation or as to the 
apportionment of the amount of compensation, it shall be referred by the Central Government or the State 
Government, as the case may be, to an arbitrator appointed in this behalf by the Central Government or 
the State Government, as the case may be, for determination, and shall be determined in accordance with 
the decision of such arbitrator.  

Explanation.—In this sub-section, the expression  “person interested” means the person who was in 
actual  possession  of  the  premises  requisitioned  under  section  65  immediately  before  the  requisition,  or 
where no person was in such actual possession, the owner of such premises.  

(2)  Whenever  any  Committee,  Authority  or  officer,  referred  to  in  sub-section  (1)  of  section  65  in 
pursuance of that section requisitions any vehicle, there shall be paid to the owner thereof compensation 
the mount of which shall be determined by the Central Government or the State Government, as the case 
may be, on the basis of the fares or rates prevailing in the locality for the hire of such vehicle:  

26 

 
Provided  that  where the  owner  of  such  vehicle  being  aggrieved  by  the  amount  of  compensation  so 
determined  makes  an  application  within  the  prescribed  time  to  the  Central  Government  or  the  State 
Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to 
be  paid  shall  be  such  as  the  arbitrator  appointed  in  this  behalf  by  the  Central  Government  or  the  State 
Government, as the case may be, may determine:  

Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue 
of a hire purchase agreement in the possession of a person other than the owner, the amount determined 
under this sub-section as the total compensation payable in respect of the requisition shall be apportioned 
between that person and the owner in such manner as they may agree upon, and in default of agreement, 
in such manner as an arbitrator appointed by the Central Government or the State Government, as the case 
may be, in this behalf may decide.  

67.  Direction  to  media  for  communication  of  warnings,  etc.—The  National  Authority,  the  State 
Authority, or a District Authority may recommend to the Government to give direction to any authority or 
person in control of any audio or audio-visual media or such other means of communication as may be 
available to carry any warning or advisories regarding any threatening disaster situation or disaster, and 
the said means of communication and media as designated shall comply with such direction.  

68.  Authentication  of  orders  or  decisions.—Every order  or  decision  of  the  National  Authority  or 
the National Executive Committee, the State Authority, or the State Executive Committee or the District 
Authority,  shall  be  authenticated  by  such  officers  of  the  National  Authority  or  the  National  Executive 
Committee or, the State Executive Committee, or the District Authority, as may be authorised by it in this 
behalf.  

69. Delegation of powers.—The National Executive Committee, State Executive Committee, as the 
case may be, by general or special order in writing, may delegate to the Chairperson or any other member 
or to any officer, subject to such conditions and limitations, if any, as may be specified in the order, such 
of its powers and functions under this Act as it may deem necessary.  

70. Annual report.—(1) The National Authority shall prepare once every year, in such form and at 
such time as may be prescribed, an annual report giving a true and full account of its activities during the 
previous year and copies thereof shall be forwarded to the Central Government and that Government shall 
cause the same to be laid before both Houses of Parliament within one month of its receipt.  

(2) The  State  Authority  shall  prepare  once in every  year,  in  such form  and  at such time  as  may  be 
prescribed, an annual report giving a true and full account of its activities during the previous year and 
copies thereof shall be forwarded to the State Government and that Government shall cause the same to 
be  laid  before  each  House  of  the  State  Legislature  where  it  consists  of  two  Houses,  or  where  such 
Legislature consists of one House, before that House.  

71. Bar of jurisdiction of court.—No court (except the Supreme Court or a High Court) shall have 
jurisdiction  to  entertain  any  suit  or  proceeding  in  respect  of  anything  done,  action  taken,  orders  made, 
direction,  instruction  or  guidelines  issued  by  the  Central  Government,  National  Authority,  State 
Government, State Authority or District Authority in pursuance of any power conferred by, or in relation 
to its functions, by this Act.  

72.  Act  to  have  overriding  effect.—The  provisions  of  this  Act,  shall  have  effect,  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act.  

73. Action taken in good faith.—No suit or prosecution or other proceeding shall lie in any court 
against the Central Government or the National Authority or the State Government or the State Authority 
or the District Authority or local authority or any officer or employee of the Central Government or the 
National  Authority  or  the  State  Government  or  the  State  Authority  or  the  District  Authority  or  local 
authority or any person working for on behalf of such Government or authority in respect of any work 
done  or  purported  to  have  been  done  or  intended  to  be  done  in  good  faith  by  such  authority  or 
Government or such officer or employee or such person under the provisions of this Act or the rules or 
regulations made thereunder.  

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74.  Immunity  from  legal  process.—Officers  and  employees  of  the  Central  Government,  National 
Authority,  National  Executive  Committee,  State  Government,  State  Authority,  State  Executive 
Committee or District Authority shall be immune from legal process in regard to any warning in respect 
of any impending disaster communicated or disseminated by them in their official capacity or any action 
taken or direction issued by them in pursuance of such communication or dissemination.  

75.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules for carrying out the purposes of this Act.  

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the composition and number of the members of the National Authority under sub-section (2), 

and  the  term  of  office  and  conditions  of  service  of  members  of  the  National  Authority  under                  
sub-section (4), of section 3;  

(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of 

section 7;  

(c)  the  powers  and  functions  of  the  Chairperson  of  the  National  Executive  Committee  under               

sub-section (3) of section 8 and the procedure to be followed by the National Executive Committee in 
exercise of its powers and discharge of its functions under sub-section (4) of section 8;  

(d)  allowances  to  be  paid  to  the  persons  associated  with  the  sub-committee  constituted  by  the 

National Executive Committee under sub-section (3) of section 9;  

(e) the number of members of the National Institute of Disaster Management under sub-section 
(2),  the term  of  the  office and  vacancies among  members  and  the  manner  of filling  such  vacancies 
under sub-section (3) and the manner of constituting the Governing Body of the National Institute of 
Disaster Management under sub-section (4) of section 42;  

(f) the manner of constitution of the Force, the conditions of service of the members of the Force, 

including disciplinary provisions under sub-section (2) of section 44;  

(g)  the  manner  in  which  notice  of  the  offence  and  of  the  intention  to  make  a  complaint  to  the 
National Authority, the State Authority, the Central Government, the State Government or the other 
authority or officer under clause (b) of section 60;  

(h) the form in which and the time within which annual report is to be prepared under section 70;  

(i) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be 

made by rules.  

76.  Power  to  make  regulations.—(1)  The  National  Institute  of  Disaster  Management,  with  the 
previous  approval  of  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  make 
regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) powers and functions to be exercised and discharged by the governing body;  

(b) procedure to be followed by the governing body in exercise of the powers and discharge of its 

functions;  

(c) any other matter for which under this Act provision may be made by the regulations.  

77.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  made  by  the  Central 
Government and every regulation made by the National Institute of Disaster Management under this Act 
shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, 
for  a  total  period  of  thirty  days  which  may  be  comprised  of  one  session  or  in  two  or  more  successive 
sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the  successive 
sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses 
agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only 

28 

 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment  shall  be  without  prejudice  to  the  validity  of  anything  previously  done  under  that  rule  or 
regulation.  

78. Power of State Government to make rules.—(1) The State Government may, by notification in 

the Official Gazette, make rules to carry out the provisions of this Act.  

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the composition and number of the members of the State Authority under sub-section (2), and 
the term of office and conditions of service of the members of the State Authority under sub-section 
(5), of section 14;  

(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of 

section 17;  

(c)  the  powers  and  functions  of  the  Chairperson  of  the  State  Executive  Committee  under                  

sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its 
powers and discharge of its functions under sub-section (4) of section 20;  

(d)  allowances  to  be  paid  to  the  persons  associated  with  the  sub-committee  constituted  by  the 

State Executive Committee under sub-section (3) of section 21;  

(e) the composition and the number of members of the District Authority under sub-section (2), 
and the powers and functions to be exercised and discharged by the Chief Executive Officer of the 
District Authority under sub-section (3) of section 25;  

(f) allowances payable to the persons associated with any committee constituted by the District 

Authority as experts under sub-section (3) of section 28;  

(g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made by rules.  

(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is 
made,  before  each  House  of  the  State  Legislature  where  it  consists  of  two  Houses,  or  where  such 
Legislature consists of one House before that House.  

79. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  or  the  State  Government,  as  the  case  may  be,  by  notification  in  the 
Official  Gazette,  make  order  not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be 
necessary or expedient for the removal of the difficulty:  

Provided that no such order shall be made after the expiration of two years from the commencement 

of this Act.  

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament or the Legislature, as the case may be.  

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